Madras High Court
Ramesh Kumar vs The Superintendent Of Police on 6 October, 2022
W.P(MD)No.23283 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.10.2022
CORAM :
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P(MD)No.23283 of 2022
Ramesh Kumar ... Petitioner
Vs
1.The Superintendent of Police,
Karur District, Karur.
2.The Licensing Authority /Motor Vehicle Inspector,
Department of Transport,
Unit Office, Kulithalai Zone,
Kulithalai-639 104,
Karur District.
3.The Inspector of Police,
Mayanur Police Station,
Mayanur, Karur District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, to direct the
second respondent to return the petitioner's forfeited driving license
bearing D.L.No.TN37-20060005666 based on the petitioner's
representation dated 26.08.2022 with the stipulated time to be fixed by
this Court.
1/6
https://www.mhc.tn.gov.in/judis
W.P(MD)No.23283 of 2022
For Petitioner : Mr.K.K.Samy
For R2 : Mr.A.Kannan
Additional Government Pleader
For R1 & R3 : Mr.R.Sivakumar,
Government Advocate (Crl. Side)
ORDER
This writ petition is for a Writ of Mandamus seeking the second
respondent to return the petitioner's licence.
2. By consent of both the parties, this writ petition is taken up for
final disposal at the stage of admission itself.
3. The case of the petitioner is that he was involved in an accident
and an FIR has been registered. The third respondent herein had seized
the driving licence of the petitioner and had forwarded it to the second
respondent.
4. The learned counsel appearing for the petitioner submitted that
on 14.07.2022, the second respondent had issued a show cause notice,
for which the petitioner had submitted his explanation on 26.08.2022.
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W.P(MD)No.23283 of 2022
Till date, no order has been passed. The said action of the second
respondent is contrary to the judgment of this Court in the case of
V.Perumal vs. The Regional Transport Officer, The Regional
Transport Office, Sivakasi, Virudhunagar District, and another
reported in AIR 2022 218 [W.P.(MD)No.9605 of 2022], wherein this
Court has held that the licence could not be impounded before the
criminal trial has ended. Therefore, he sought for a direction to return
the driving licence.
5. Countering his argument, the learned Additional Government
Pleader appearing for the second respondent would submit that the show
cause notice had been issued on 14.07.2022 calling upon the petitioner to
submit his reply within 10 days under Section 19(1)(d) & (f) of the
Motor Vehicles Act, 1988, as to why the petitioner should not be
disqualified for a period of not less than three months. The petitioner
had belatedly submitted his explanation on 26.08.2022 and orders are yet
to be passed by the second respondent.
6. The learned Government Advocate (Crl. Side) for the first and
third respondents would submit that the petitioner has been involved in a
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W.P(MD)No.23283 of 2022
criminal case, which was registered on the file of the third respondent for
the offence under Sections 279 and 304(A) of IPC. He had recklessly
caused the death of the driver of a two wheeler and hence, his request
could not be considered and sought for dismissal of this writ petition.
7. I have considered the arguments made on behalf of either side.
8. Admittedly, show cause notice has been issued on 14.07.2022,
for which the petitioner had also submitted his explanation on
26.08.2022 and the orders are yet to be passed by the second respondent.
Hence, it is suffice that if a direction is issued to the second respondent
to pass orders pursuant to the show cause notice dated 14.07.2022 after
affording reasonable opportunity of hearing to the petitioner.
Accordingly, the second respondent is directed to pass orders, pursuant to
the show cause notice dated 14.07.2022 after affording reasonable
opportunity of hearing to the petitioner. The said exercise shall be
undertaken by the second respondent within a period of three (3) weeks
from the date of receipt of a copy of this order.
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W.P(MD)No.23283 of 2022
9. This Writ Petition is disposed of with the aforesaid direction.
No costs.
06.10.2022
Index : Yes/No
Internet: Yes/No
sm/ta
To
1.The Superintendent of Police,
Karur District, Karur.
2.The Licensing Authority /Motor Vehicle Inspector,
Department of Transport,
Unit Office, Kulithalai Zone,
Kulithalai-639 104,
Karur District.
3.The Inspector of Police,
Mayanur Police Station,
Mayanur, Karur District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.23283 of 2022
K.KUMARESH BABU, J
sm/ta
W.P(MD)No.23283 of 2022
06.10.2022
https://www.mhc.tn.gov.in/judis
